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Chapter 13 out of 14 chapters in the annotated Professional Conduct Handbook

 

CHAPTER 13
RESPONSIBILITY TO THE LAW SOCIETY


Reporting another lawyer to the Law Society

1. Subject to Rule 2, a lawyer must report to the Law Society another lawyer's:

(a) breach of undertaking that has not been consented to or waived by the recipient of the undertaking,

(b) shortage of trust funds,1 and

(c) other conduct that raises a substantial question as to the other lawyer's honesty or trustworthiness as a lawyer.

[amended 05/2004]

2. In making a report under Rule 1, a lawyer must not disclose any confidential information respecting the lawyer's client acquired in the course of the professional relationship or any privileged communications between them, unless the client expressly or implicitly consents.

[amended 05/2004]

Annotations


Regulatory compliance

3. A lawyer must

(a) reply promptly to any communication from the Law Society;

(b) provide documents as required to the Law Society;

(c) not improperly obstruct or delay Law Society investigations, audits and inquiries;

(d) cooperate with Law Society investigations, audits and inquiries involving the lawyer or a member of the lawyer’s firm;

(e) comply with orders made under the Legal Profession Act or Law Society Rules; and

(f) otherwise comply with the Law Society’s regulation of the lawyer’s practice.

[amended 05/2004; heading and rule amended 11/2010]

Annotations


The Law Society's disciplinary and competence procedures

4. A lawyer must not use the Law Society's disciplinary and competence procedures, or suggest to a client that such procedures be used, vexatiously or solely to further the client's civil claim against another lawyer.

[amended 05/2004]


Associating with a person whose character and fitness are in question

5. Except with the written approval of the Law Society, a lawyer must not employ, retain or otherwise associate in any capacity having to do with the practice of law with a person who, in any jurisdiction:

(a) is suspended from the practice of law,

(b) is disbarred,

(c) as a result of disciplinary proceedings, is no longer permitted to practise law,

(c.1) failed to complete a Bar admission program for reasons relating to lack of good character and repute or fitness to be a member of the Bar,

(d) has been the subject of a hearing ordered, whether commenced or not, with respect to an application for enrolment as an articled student, call and admission or reinstatement, unless the person was subsequently enrolled, called and admitted or reinstated in the same jurisdiction, or

(e) was required to withdraw or was expelled from a Bar admission program.

[amended 07/1997; 05/2004; heading and rule amended 12/2009, effective 07/2010]


Apparent partnerships and associations

6. Any lawyer held out as practising in partnership or association with one or more lawyers has the same professional responsibilities to the general public, other lawyers and to the Law Society, for the actions of any lawyer or lawyers with whom he or she is practising in an apparent partnership or association, as the lawyer would have if carrying on practice with such lawyer or lawyers in a partnership.

[amended 05/2004]


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FOOTNOTE:

1. Law Society Rule 3-66 imposes additional duties on lawyers respecting their own trust shortages or their inability to deliver up trust funds when due.

[updated 12/1999; amended 05/2004]

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ANNOTATIONS:

Rules 1 and 2 - Reporting another lawyer to LSBC

A lawyer is obliged to report another lawyer's breach of undertaking, which has not been consented to or waived by the recipient of the undertaking, to the Law Society even if the undertaking is expressed as a trust condition.
EC September 1996, item 6

Rule 3 - Responding to Law Society correspondence

Failure to implement practice review recommendations of the Practice Standards Committee, respond to communications, or complete a remedial program constitutes professional misconduct.
DCD 00-13

 

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Chapter 13 out of 14 chapters in the annotated Professional Conduct Handbook